CHECKLIST FOR CLOSING AN ESTATE

_____ Judgment opening the estate or admitting will to probate is filed, and there is no contest.

_____ Oath of Executor/Administrator filed.

_____ The Executor/Administrator has properly filed his or her bond, or it was waived by the will or by sworn petition of all heirs with entry of a court order authorizing the waiver.

_____ Letters Testamentary or of Administration issued.

_____ The affidavit of known creditors required by MCA § 91-7-145 was properly executed by the Executor/Administrator and filed before publication to creditors.

_____ Publication of Notice to Creditors was made in “some newspaper in the county” that meets the criteria in MCA § 13-3-31, for three consecutive weeks, and it has been more than ninety days since the first publication.

_____ Inventory and appraisement were done and timely filed, or were waived by the will or by all heirs by sworn petition with order so waiving.

_____ All accountings were timely filed and approved by court order (other than the final accounting, which is now before the court), or waived by the will or excused by the court.

_____ In the case of an administration, publication for unknown heirs has been completed, and a judgment determining heirs has been presented, or will be presented in advance of presenting the final accounting.

_____ All interested parties to this estate have been served with the petition to close and all other closing documents, including the final account, and they have joined in the petition or have been duly served with a Rule 81 summons, and there is a proper return or properly executed waiver or joinder for each interested party.

_____ All probated claims have been paid, and evidence of such payment is in the court file, or the probated claims will be paid in the course of closing the estate, and a final report will be filed evidencing payment.

_____ The attorney’s fees and expenses, as well as those of the Executor/Administrator have been disclosed to all interested persons, and they have no objection.

Under the A COMPENDIUM OF ESTATE POSTS, PUBLICATION TO CLOSE AN ESTATE: A STATUTE-RULES CONFLICT, you discuss MCA § 91-7-295 which addresses summons or publication for a final account in an estate, conservatorship or guardianship. In the next link, there is a checklist for closing an estate, but publication under MCA § 91-7-295 is not on the list that I can see. I suppose it is inferred by the third from the last item in the checklist regarding noticed to interested parties. Is publication required to close an estate?

Thanks for making that clearer to my addled brain. No, publication process per se is not required to close an estate. But it is required that there be notice to and participation of all “interested persons,” which would include the heirs in an administration and the beneficiaries in a testate estate. In all cases, any outstanding creditors must be noticed. The notice and opportunity to participate may be by joinder or waiver, or by personal process, or by publication where appropriate.

I was reading your estate blogs (and feeling inadequate) and noticed that the publication requirement for final accountings discussed in the preceding article is not listed in the closing estates checklist posted here. Am I missing something?